When it comes to the city’s annexation plans and Rio Rico’s incorporation dreams, it’s a competition as to who gets there first. This is no Aesop’s fable of the hare and tortoise; slowly doesn’t get it every time.

The proposed annexation of about 7 square miles will encroach on the Rio Rico Chamber of Commerce’s incorporation boundaries and as such, its board has issued a formal statement questioning the expansion.

In the same statement, the chamber acknowledges that it is not economically wise to incorporate any time soon. Should the city then hold off on its plans while a sufficient tax base eventually develops in Rio Rico to make incorporation feasible?

The chamber’s statement was voted on and approved by its board and submitted by email to the NI. The queries generally pertained to the possible effects of the annexation. For example, it asks, “Will Nogales be able to provide the annexed area with the required infrastructure property owners and residents would expect? Santa Cruz County is currently providing more than adequate infrastructure support to its residents,” according to the statement.

The city has a spotty road-maintenance history and even among some council members the wisdom of adding more roads to its infrastructure has been questioned.

City officials declined to comment on the record about the statement, but referred the NI to a “fact sheet” they have developed to address annexation concerns.

The sheet does not address the issue of existing road conditions. Instead it outlines the legal requirements of the city vs. the county. “Any public roads that are annexed by the City become the responsibility of the City for maintenance. This means the City rather than the County would pay (to maintain) the streets, roads and improve …when necessary.”

When land is subdivided for development both the city and county require paved access to each lot. “But years ago,” the city’s fact sheet contends, “counties allowed subdivisions with no paved roads. And paved roads are still not required in the counties when lots are split and do not go through the normal subdivision process. Many of the lots in county areas … were subdivided before paved roads were required. Others were split rather than subdivided and therefore do not have real roads; instead they have easements.” The city would not be required to pave those if annexation is approved.

In its statement, the chamber inquires, “Once the annexation has been accomplished will the City of Nogales be able to improve upon the support currently being provided by Santa Cruz County?”

Through the planning and zoning commission, the public works department and the sheriff’s office, the county provides regulation of construction and development, road maintenance and public safety.

In its fact sheet, Nogales officials boast all of those services plus water and sewer, fire protection and ostensibly better representation. “Residents especially appreciate having a smaller, local mayor and council form of government that (is) more accessible to answer questions and solve problems.

“According to Arizona law, cities and towns can adopt ordinances that convey more ways and greater powers to regulate matters than counties can. Source:

These enforcement activities are important to improving property values as well as community appearance,” the city’s fact sheet says.

The proposed northern boundary and a “selective narrow parcel north of Ruby Road to include a majority of the produce warehouses” overlaps with Rio Rico’s projected southern boundary, the chamber statement says.

Since first proposing the annexation, city officials have maintained that the area is within a defined area of expansion and development approved by Nogales voters in 2011 as part of the General Plan.

The narrow parcel up West Frontage Road north of Ruby Road extends to the roadway and entrance to the city’s wastewater treatment plant, which sits on about 40 acres. The majority of the approximately 140 produce-related warehouses are not located along that strip.

The General Plan was developed by a firm called The Planning Center, which was paid $181,625 by the city for its work. As part of the public input process, stakeholders were invited to a week-long, after-hours meeting, and the city also held a public forum on the plan and made copies available for review and comment at the Nogales City Hall, the Nogales Rochlin Public Library, and the Planning and Zoning Department. See the plan at azplanningcenter.com/Nogales.

Why hasn’t Rio Rico incorporated? The chamber explains in its statement: “A few years ago when the Rio Rico Chamber of Commerce was informed that the Rio Rico shopping center was going to commence a huge upgrade, The Chamber started a serious effort to inform the community about incorporation.

“However, with the recent economic recession, progress of the shopping center was put on hold. It was felt that more retail growth is necessary to cover the bottom-line required to operate an independent municipality. Therefore, any effort to move forward with the discussion of incorporation has been put on hold until retail growth takes place in Rio Rico.

“Our earlier discussion of Rio Rico’s incorporation included as Rio Rico’s southern boundary, on both sides of I-19, the area south of Ruby Road to Old Tucson Road. A discussion was held and the City of Nogales had been made aware of our southern boundaries. It is Rio Rico’s intent, once it is economically possible, to continue with its efforts to incorporate.”

In the meantime, Nogales is already well on its way to beat them to the boundary punch.